Wilton Third-Degree Assault Lawyer
What is Third-Degree Assault in Wilton?
According to Connecticut General Statutes (“C.G.S.”) § 53a-61, third-degree assault occurs when individuals:
- Intentionally cause bodily injury to others
- Recklessly cause serious bodily harm
- Negligently cause physical injury to others using a deadly weapon, dangerous instrument, or an electronic defense weapon
Is There a Difference Between Bodily Harm and Physical Injury?
Yes. As top Wilton third-degree assault lawyers know, C.G.S. § 53a-3 distinguishes between bodily harm and serious physical injury in assault cases. Bodily harm includes any degree of pain or impairment of physical condition, including minor injuries such as bruises, cuts, and scratches. Serious physical injuries are those that create a significant risk of death or cause serious disfigurement, impairment, or loss of function of a bodily organ.
What Constitutes a Deadly Weapon?
Deadly weapons and dangerous instruments include many different types of items used to harm others, such as guns, knives, blackjacks, and metal knuckles. Dangerous instruments encompass virtually anything with which individuals could threaten harm or cause physical injuries, including vehicles, attack dogs, mace or pepper spray, and baseball bats.
What Defenses are Available?
In order to secure a conviction for third-degree assault in Wilton, the prosecution must provide evidence of intent, recklessness, or criminal negligence. A third-degree assault lawyer in Wilton may be able to use a lack of requisite intent as a defense, depending on the circumstances.
A common defense in assault cases that may provide evidence of a lack of required intent is self-defense. For example, a skilled defense attorney may be able to argue that you were defending yourself or fighting back in an altercation that others caused. This evidence may make it more difficult for the prosecution to prove that the you were acting with the level of intent outlined in the third-degree assault statute.
What are the Potential Penalties for Assault in the Third Degree?
Third-degree assault is a Class A misdemeanor punishable by a maximum one-year jail sentence and a $2,000 fine. If the assault involved the use of a deadly weapon, dangerous instrument, or electronic defense device, then the sentence upon conviction must include a mandatory minimum one-year term of incarceration.
How can a conviction affect the rest of my life?
Although a conviction on third-degree assault charges is a misdemeanor, it still can cause adverse consequences beyond the fines and jail time. For example, if the assault arrest arises from a domestic violence situation, you may be subject to a protective order, have restrictions on your ability to see your children, and be prohibited from possessing firearms. A third-degree assault attorney in Wilton could work to minimize these collateral consequences and limit the impact of assault charges on your life.
Call a Wilton Third-Degree Assault Attorney for Assistance
If you are facing third-degree assault charges, you should take immediate steps to protect your rights, ensure that you are treated fairly, and be aware of all the options that may be available to you. A Wilton third-degree assault lawyer can be instrumental in achieving a more favorable outcome in your case. Call Mark Sherman Law today to schedule a consultation.